Here is the notable content of Decree 10/2012/ND-CP which provides detailed regulations on implementing judicial measures for education at commune, ward, and commune-level town levels for juvenile offenders in Vietnam, issued on February 17, 2012.
Criminal judgment-enforcing agencies at all levels in Vietnam shall directly implement educational measures (Illustrative image)
In Article 18 of Decree 10/2012/ND-CP, responsibility for the criminal judgment-enforcing agencies of provincial, district, and commune-level police in the organization of educational measures in the communes, wards, and commune-level towns for juvenile offenders in Vietnam is stipulated. To be specific:
Responsibilities of the criminal judgment-enforcing agencies of provincial police in Vietnam:
- Advise and propose to the Director of the provincial police and the chairman of the provincial People's Committee on developing plans, directing, and guiding the implementation of educational measures at the commune, ward, and township level for juvenile offenders;
- Direct, guide, and inspect periodically or unexpectedly the implementation of educational measures at the commune, ward, and township level for juvenile offenders conducted by the district and commune police; facilitate to the educated individuals to exercise their rights and obligations under the law;
- Develop plans and organize training sessions on the implementation of educational measures at the commune, ward, and township level for juvenile offenders, including content, methods, skills for supervision, education, and support for the educated individuals within their local jurisdiction;
- Direct and guide the criminal judgment-enforcing agencies of district police to report on the situation, data, results, existing issues, causes, and measures to improve the effectiveness of implementing educational measures at the commune, ward, and township level for juvenile offenders; compile reports for the Ministry of Public Security and the provincial People's Committee;
- Periodically summarize and evaluate the implementation of educational measures at the commune, ward, and township level for juvenile offenders across the entire province or centrally-run city.
Responsibilities of the criminal judgment-enforcing agencies of district police:
- Advise and propose to the Chief of the district police and the district People's Committee on directing and guiding the commune People's Committees, social organizations, schools, and individuals to carry out tasks of reception, supervision, education, and support for the educated individuals in their local area;
- Cooperate with other agencies, departments, unions, and social organizations to mobilize enterprises, production facilities, businesses, and individuals to support and create conditions for the educated individuals to study culture, vocational training, provide capital, and offer job introductions;
- Coordinate with relevant agencies, organizations, and units to direct, guide, inspect, and urge the commune People's Committees, commune police, social organizations, schools, and individuals in supervising, educating, and supporting the educated individuals;
- Advise and propose to the Chief of the district police on guiding the educated individuals in completing procedures for permanent residence registration, temporary residence, lodging notification, temporary absence declaration, and issuance of an identity card. Consider and resolve the transfer of residency for the educated individuals as per Article 11 of Decree 10/2012/ND-CP and residence law;
- Review and verify proposals to terminate the educational measures at the commune, ward, and township level for juvenile offenders; complete procedures for issuing a certificate for finishing the educational measures according to the Criminal Judgment Execution Law and Articles 12 and 13 of Decree 10/2012/ND-CP;
- Develop plans and organize training sessions on the implementation of educational measures at the commune, ward, and township level for juvenile offenders, including content, methods, skills for supervision, education, and support for the educated individuals within their local jurisdiction;
- Periodically or upon request, compile data, assess the situation, analyze causes, and report on the results of implementing educational measures at the commune, ward, and township level for juvenile offenders within their local jurisdiction to the district People's Committee and superior criminal judgment-enforcing agencies.
Responsibilities of the commune-level police:
- Assign officers or police members to cooperate with social organizations, schools, and individuals tasked with supervising and educating the educated individuals in managing, educating, and supporting these individuals;
- Assist the commune People's Committees, designated social organizations, and schools in monitoring the duration of educational measures for juvenile offenders at the commune, ward, and township level; track absences from residence, changes in residence of the educated individuals. Accept individuals educated from other places who temporarily reside or are absent from their place of residence and assess their legal compliance while residing or temporarily residing locally;
- Guide and assist the educated individuals in completing procedures for permanent residence registration, temporary residence, lodging notification, temporary absence declaration, new identity card issuance, reissuance, or replacement;
- Periodically or upon request, compile data, assess the situation, analyze causes, and report on the results of implementing educational measures at the commune, ward, and township level for juvenile offenders within their local jurisdiction to the commune People's Committee and superior criminal judgment-enforcing agencies;
- Prepare initial documentation and assist designated agencies, organizations, and individuals in supervising and educating by managing, collecting documents, supplementing execution records, and monitoring the progress of the educated individuals as stipulated in Article 7 of Decree 10/2012/ND-CP.
More details can be found in Decree 10/2012/ND-CP, which comes into effect in Vietnam from April 10, 2012.
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